A.
Any person who wishes to cause to be recorded in the Registry of
Deeds or to be filed with the Land Court a plan of land, and who believes
that his plan does not require approval under the Subdivision Control
Law, may submit his plan and the appropriate Application Form A to
the Board accompanied by the necessary evidence to show that the plan
does not require approval. Said person shall file, by delivery or
by registered or certified mail, a notice with the Town Clerk stating
the date of submission for such determination, accompanied by a copy
of said application.
B.
If the Board determines that the plan does not require approval,
it shall, without a public hearing and within 21 days of submission,
endorse on a plan the words "Planning Board Approval Under Subdivision
Control Law Not Required." Said plan shall be returned to the applicant,
and the Board shall notify the Town Clerk of its action.
C.
A plan not requiring approval shall be prepared by a registered land
surveyor and shall be clearly and legibly drawn to the requirements
of the recording rules adopted by Registry of Deeds in Massachusetts.
If multiple sheets are used, they shall be accompanied by an index
sheet showing the entire plan. All information supplied by engineers,
builders, surveyors, etc., shall be in digital format. A plan not
requiring approval shall contain the following information:
(1)
Property boundaries, North arrow, date and scale.
(2)
Name of the record owner, name of the registered land surveyor, and
the Barnstable Registry of Deeds book and page reference of conveyance
to record owner.
(3)
Area of each lot in square feet and acres.
(4)
Sufficient data to determine the location, direction and length of
every street and way line, lot line and boundary line; monuments or
references necessary to establish these lines on the ground.
(5)
Where practical, boundary lines of contiguous and adjacent land and
the names of the owners thereof, as determined from the most recent
tax list.
(6)
Location of all permanent monuments properly identified.
(7)
Location, names and present widths of non-public (private) ways abutting
the property.
(8)
Suitable space to record the endorsement of the Board that approval
is not required with the date and the signatures of the members of
the Board.
(9)
Zoning classification and location of any zoning district boundaries
that may lie within the locus of the plan.
(10)
In the case of the creation of a new lot, the remaining land
area and frontage of the land in the ownership of the applicant shall
be shown.
(11)
Location of all existing buildings, including setback and side
and rear yard designations.
(12)
Location and area of any wetlands on the lots being created
by the plan (including the lot being created by the remaining land).
In lieu of delineating the wetlands on the remaining land, the applicant
may provide written certification from the land surveyor or engineer
who prepared the plan that the remaining parcel of land contains the
minimum upland area required under the Zoning Bylaws.[1]
D.
If the Board determines that the plan does require approval under
the Subdivision Control Law, it shall, within 21 days of submission
of said plan, so inform the applicant and return the plan. The Board
also shall notify the Town Clerk of its determination. If the Board
fails to act upon the plan within the prescribed 21 days, it shall
be deemed to have determined that approval under the Subdivision Control
Law is not required.
E.
In acting on such a plan, the Board must ask if the way on which this plan of land is located is adequate to handle all the traffic generated from all sources and also if the design and construction of this way are in reasonable compliance with the standards shown in Article IV of these rules and regulations. A negative answer to either question will justify disapproval.
No person shall make a subdivision within the meaning of the
Subdivision Control Law of any land within the Town, or proceed with
the improvement or sale of lots in a subdivision or the construction
of ways or the installation of municipal services therein, unless
and until a definitive plan of such subdivision has been submitted
to and approved by the Board as hereinafter provided.
A.
Not more than one building designed or available for use for dwelling
purposes shall be erected or placed or converted to use as such on
any lot in a subdivision or elsewhere in the Town without the review
of the Board.
B.
When conducting such review the Board will take note of the provision of adequate ways furnishing access to each site for such building in the same manner as otherwise required for lots within a subdivision, and the Table of Area Regulations of the Zoning Chapter shall apply. Ways within the subdivision must be in accordance with Article IV of these rules and regulations, and those ways used for access to the subdivision must be in reasonable compliance with these same standards.
A.
Plans shall be endorsed as not requiring approval under the Subdivision
Control Law, and subdivision plans shall be approved, only if each
building lot to be created by such plans has adequate access as intended
under the Subdivision Control Law, MGL c. 41, §§ 81K
through 81GG.
B.
Standards of adequacy.
(1)
Ways which qualify as access only because of having been in existence
when the Subdivision Control Law became effective in the Town shall
normally be considered to provide adequate access to proposed lots
said not to constitute a subdivision only if having a paved width
of at least 16 feet at all points, at least 150 feet of stopping sight
distance, drainage assuring uninterrupted access and other design
and construction features which, in the judgment of the Board, similarly
provide for basic movement and safety. Other ways will be determined
to provide adequate access only if in physical reality they are of
sufficient width and suitable to accommodate motor vehicle traffic
and to provide access for fire-fighting equipment and other emergency
vehicles.
(2)
Ways shall normally be considered to provide adequate access to proposed subdivisions only if they provide connection to a state-numbered highway via roads which, with no more than minor exceptions, continuously meet the standards of Article IV, except for right-of-way width.
(3)
Ways within subdivisions shall be considered to provide adequate
access only if they comply fully with these regulations.
C.
Waiver. The Board may waive strict compliance with these access requirements
upon its determination that the way in question will still provide
adequate width, grades and construction to serve potential uses of
land abutting on or served by the way in question. In reaching such
determination, the Board shall consult with the Department of Public
Works, Police Chief or Fire Chief.
